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Trademark Availability

A trademark search is more than a routine check — it’s a proactive shield for your business’s identity and growth. Whether you’re a startup, an established brand, or planning to expand globally, ensuring your mark is unique, compliant, and legally protected is a smart, strategic move.

Complete Your Tradmark Registration

Ready Your Trademark Availability with Auriga Accounting 

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Why Should I Use Auriga Accounting For Trademark Availability ?

Auriga Accounting has a team of registration experts who can provide complete guidance to register your Trademark Availability.

book appointment

Our team of experts will get in touch with you and collect all necessary documents and details

Resolve all your queries

We fill out and file your application for Tradmark Registration

Complete your Tradmark Registration

Ready Your Trademark Availability

Why Should I Use Auriga Accounting For Trademark Availability ?

 Auriga Accounting has a team of registration experts who can provide complete guidance to register your Trademark Availability.

book appointment

Our team of experts will get in touch with you and collect all necessary documents and details

Resolve all your queries

We fill out and file your application for Tradmark Registration

Complete your Tradmark Registration

Ready Your Trademark Availability

Overview - Trademark Availability

A trademark search is more than a routine check — it’s a proactive shield for your business’s identity and growth. Whether you’re a startup, an established brand, or planning to expand globally, ensuring your mark is unique, compliant, and legally protected is a smart, strategic move.

What is Trademark Availability?

Trademark availability refers to checking whether your desired mark — a word, logo, slogan, or combination — can be legally registered without infringing on existing trademarks. This ensures:

  • Uniqueness: Your mark stands out from competitors.
  •  Legal Compliance: It doesn’t violate the rights of others.
  • Strong Protection: A unique, available mark is easier to enforce and defend.
  • Business Security: Avoids future disputes or rebranding costs

 

A trademark is a unique word, symbol, logo, design, or combination of elements that distinguishes your goods or services from competitors. According to Section 2(zb) of the Trademarks Act, 1999, a trademark must be visually representable and capable of differentiating one business’s offerings from another’s. This can include:

  • Words or Names
  • Logos or Symbols
  • Taglines or Slogans
  • Product Packaging or Shapes
  • Color Combinations

 

How to Check Trademark Availability

1.Identify Your Trademark:
Define the trademark you want to register — it could be a name, logo, slogan, sound, or design.

2.Determine Trademark Class:
Trademarks are divided into 45 classes (34 for goods and 11 for services). You need to choose the right class for your product or service to ensure proper protection.

3.Conduct a Trademark Search:
Perform a search in the Indian Trademark Registry database to check if similar or identical marks already exist. You can:

  • Use the IP India website (https://ipindia.gov.in)
  • Search by wordmark, phonetic similarity, or proprietor
  • Hire a trademark attorney for a more detailed
  • analysis

4. Analyze Results:

  • If no similar marks appear — your trademark may be available!
  • If similar marks exist — consider modifying the mark or preparing for potential
  • objections.
 
AURIGA ACCOUNTING PRIVATE LIMITED how to check

Factors Affecting Trademark Availability

  • Distinctiveness: The mark should uniquely identify your goods or services.
  • Similarity: Avoid marks that look, sound, or mean the same as existing ones, especially within the same class.
  • Descriptiveness: Marks that merely describe the product (“Best Soap”) may be rejected.
  • Public Policy: Offensive, deceptive, or misleading marks are not allowed.
AURIGA ACCOUNTING PRIVATE LIMITED factors

What if Your Trademark Isn’t Available?

If your desired trademark is already taken or faces objections:

  • Modify the mark to make it more unique.
  • Negotiate with the current owner for consent or rights transfer (if feasible).
  • Challenge the existing trademark — if it’s unused for 5+ years or was registered in bad faith, rectification may be an option.

Trademark Search: A Crucial Step for Brand Protection

A trademark search is an essential tool in safeguarding your brand’s identity and ensuring smooth business operations. It helps uncover existing trademarks in the market and ensures your desired mark doesn’t infringe on others. Let’s dive into why trademark searches matter and how to conduct them effectively.

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Why Conduct a Trademark Search?

A trademark search isn’t just a preliminary step — it’s a strategic move to prevent legal conflicts and secure your brand’s long-term success. Here’s why it’s vital:

  • Avoid Legal Disputes: Identify existing similar trademarks to avoid infringement cases.
  • Protect Your Brand: Ensure your mark is unique and eligible for registration.
  • Save Time & Money: Reduce the risk of rejection, saving on application fees and rebranding costs.
  • Build Consumer Trust: A secure, registered trademark strengthens brand credibility.
  • Prevent Unintentional Infringement: Avoid unknowingly copying another brand’s identity.
  • Secure Marketing Campaigns: Confidently launch advertising strategies without legal concerns.
  • Support Business Expansion: Smoothen international registration and brand growth.
  • Empower Legal Rights: Gain the legal authority to prevent unauthorized use of your brand.
AURIGA ACCOUNTING PRIVATE LIMITED why conduct

How to Conduct a Trademark Search in India

1️Identify Your Mark: Define the name, logo, or slogan you wish to protect.
2️
. Determine the Trademark Class:

  • Trademarks are categorized into 45 classes34 for goods and 11 for services.
  • Select the right class based on your business’s products or services.
    3. Perform a Preliminary Search:
  • Use India Filings’ free online trademark search tool or the IP India website to check availability.
    4️.
    Check for Similar Marks: Search for phonetic similarities, visual resemblance, and conceptual likeness.
    5️
    .Analyze Results:
  •  If no similar marks exist: You’re good to proceed with registration.
  •  If similar trademarks appear: Consider tweaking your mark to ensure distinctiveness or seek professional advice.
    6️
    .Consult Trademark Experts: For deeper analysis and insights, consider professional assistance — India Filings offers expert support to guide you through the process.
AURIGA ACCOUNTING PRIVATE LIMITED how to

Take the Next Step: Secure Your Brand’s Future

A trademark search is more than a routine check — it’s a proactive shield for your business’s identity and growth. Whether you’re a startup, an established brand, or planning to expand globally, ensuring your mark is unique, compliant, and legally protected is a smart, strategic move.

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Our Happy Clients!

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Based on 12 reviews
MD SAHIL
MD SAHIL
2023-06-10
Auriga Accounting is right CA firm is crucial for the financial health of our business. Auriga Accounting is reputable firm with experienced professionals, strong technology infrastructure, good communication, and transparent pricing.
Prince Kushwaha
Prince Kushwaha
2023-06-10
Workplace must be peaceful and be active during work , the Auriga Accounting Private Limited provides relevant and necessary things so employees save their time and complete their task before time period effectively and efficiently
Prince Singh
Prince Singh
2023-06-10
Auriga accouting private limited and it's team provide best service at affordable price. I have done my previous year GSTR and ITR they did it before the time
Priyanka Kumari
Priyanka Kumari
2023-04-07
They are best coordination with me. Time to time inform me how to work and what work is my pending. Time to time updated me about my company profile work like ROC Filling last date, GST filling last date, ITR etc... I have no paid any penalty since I started working with Auriga..
Vishal Singh
Vishal Singh
2023-04-07
Best company for providing services, I recommended to all. They give me the best rate of price and finished work before the time.
Sameer khan
Sameer khan
2023-04-07
The auriga accounting private limited is a reliable and a customer support company the team has give Clear answer towards the customer by which the customer cannot get confused and get necessary detail to solve their queries and auriga provided me good service and delivered my work on time very well coordinate with me and talk very well I suggest if you have any work then call auriga they will definitely finish your work on time
Vivek Shakya
Vivek Shakya
2023-04-07
Great Services , within affordable rate and give full satisfaction on works. Easy to Cordinate, I have done My Previous year ITR , Startup Registration. I am very happy with their services and their first priority is their Customer.
find way
find way
2023-04-06
I'll give a five-star rating, I had doubts about how to start my work in the field of business and they guide me and instruct me on how to start a business. They have a great team.
623 Anjali
623 Anjali
2023-04-06
The Auriga has great services. Efficient communication and really easy way to get help and support.
Anjali Sharma
Anjali Sharma
2023-04-06
Auriga Accounting team represents the highest level of customer services I have experienced.The team gives accurate information and responses to queries very fast, which are customer is facing.

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